Medical Malpractice
Reliable studies estimate that medical malpractice is responsible for tens of thousands of deaths in the United States each year, and even more people are seriously and permanently injured as a result of malpractice by a doctor, hospital or other medical professional. It is critically important when prosecuting a medical malpractice claim to have an attorney who knows how to navigate the complexities of difficult cases.
Under Arkansas law, physicians are held to a standard of care that requires them to possess and apply the same degree of skill and learning used by physicians in the same type of practice in the same or a similar community in which the defendant doctor practices. Most doctors live up to this standard and their professional creed: "Do no harm." However, if you believe a physician or other medical provider’s mistake was the cause of an injury to you or a family member, Cearley Law Firm, P.A. can help. We have extensive knowledge in the area of medical malpractice law and can help you determine whether a doctor or other medical professional, hospital, nursing home or other medical facility has breached the standard of care and caused injury.
Medical malpractice can take many forms, including:
- Failure to diagnose a disease or illness
- Misdiagnosing a disease or illness
- Failure to properly monitor patients
- Failure to properly treat the diagnosed disease
- Surgical errors including wrong-site surgery and anesthesia errors
- Birth errors including errors during delivery and anesthesia errors
- Failure to fully inform the patient of the risks of certain procedures and surgeries
- Misuse of prescription drugs
- Improper use of medical equipment or implants
- Hospital borne infections
- And other breaches to the standard of care owed to the patient
Cearley Law Firm, P.A. has the knowledge and resources to thoroughly investigate medical malpractice claims, review medical records, and conduct other discovery to put together compelling cases in order to get full compensation for clients.
While not all bad outcomes are the result of negligence that subjects health care providers to liability, it is important that you have your situation reviewed by an attorney if you believe malpractice has occurred. In Arkansas, the statute of limitations for medical malpractice is typically two (2) years from the date of the act or omission causing injury. Absent special circumstances this generally means that even if the injury does not manifest itself until later, your claims will be barred, unless the case is filed within two years of the date the negligent act which caused the injury. There are exceptions to this rule and for this reason, if you believe you are the victim of medical negligence, you should immediately contact an attorney to discuss these issues.
In 2003, the Arkansas General Assembly severely restricted the rights of victims of medical negligence. As a result of this legislation, Act 649 of 2003, it is more difficult than ever for medical malpractice victims to find justice. Act 649 provides that negligence may only be established by expert testimony from a physician practicing in the same specialty and the same or a similar locality as the defendant physician (even if the defendant physician committed the negligence while practicing outside of his specialty); abolishes joint and several liability (which formerly allowed multiple culpable parties to beheld responsible for the entire harm); requires that future damages exceeding $100,000 be paid periodically, instead of in a lump sum; and allows apportionment of fault among parties “regardless of whether the person or entity was, or could have been, named as a party to the suit.”
We may decline to represent clients whose cases we believe may not be successful or economically viable in light of the recent changes to medical malpractice law. As always, we reserve the right to decline any case for any reason. If you feel you may have a medical malpractice case, please call us immediately, so that we can begin the process of determining whether or not we can assist you.
Good lawyers don’t file frivolous cases. Medical malpractice cases are difficult, time consuming, expensive and well defended. We pursue only those cases where there has been a breach of the standard of care that has caused substantial harm
